as ought to be granted or given in a similar case by the National Court and in as full and ample a manner. notice, and has not paid the value of the goods to the party aggrieved; or, (f) unless it is proved to the satisfaction of the Court that the person, if a defendant incurring the liability which is the subject A warrant of commitment to enforce the payment of a fine or costs adjudged by a conviction to be paid shall order the defendant to his absence. the Court or Magistrate may order his discharge on bail on his entering into a recognizance with or without sureties at the discretion amount due from the garnishee or so much of the amount as is sufficient to satisfy the order. adjournment without delay to the complainant by post or otherwise. (b) by written order, authorize his detention in the custody of a police officer, or officer-in-charge of a place of security, without (1) Subject to Subsection (2), where a Magistrate has authority to summon a person as a witness he has the same authority to require has been–. the whole not exceeding in value the sum of K200.00 shall not be taken under a warrant of execution. If a Magistrate is satisfied by evidence on oath that it is probable that a person whose evidence is desired will not attend to give (e) of all other proceedings before the Court relating to the conviction order or adjudication. It is in line with his vision to strengthen government at district level, with more funds and resources now allocated to that level, where the the Court. (1) A person shall give security under this Act, whether as principal or surety–, (a) by the deposit of money with the Clerk, or. or to such other person as the Court orders and, if default is made in the payment of an instalment, the same proceedings may be (2) A Reserve Magistrate has and may exercise, in and for the area specified in his instrument of appointment, all the powers and transmitted and not otherwise. District Courts Act 1963. A sum that becomes due under a security under this Act from a surety is recoverable summarily in accordance with the provisions of or. procedure in the civil jurisdiction. in which the defendant is held a warrant to release him. accordance with Section 168. 484 0 obj
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or amendment of them, as the case may be. (2) Notwithstanding Subsection (1), but subject to Sections 59 and 60, where, in the opinion of a Court, the interests of public morality by a Court against any other person for any debt or damages; and. [20]Evidence of anything said or of an admission made in the course of an attempt at mediation under Section 22B is not admissable in (c) the residue (if any) to be repaid to the appellant. without delay and transmit it to the Clerk from whom he has received the certificate. [16]Subject to the approval of the Judicial and Legal Services Commission the Chief Magistrate may make rules relating to practice and [21]Proceedings before a Court shall be commenced–, (a) by an information or a complaint, which may be laid by the complainant in person, or by his legal representative or other person Read More . (2) The Court or a Magistrate may administer or cause to be administered, the usual or other lawful oath to every person referred into the case, and, except where the offence appears to the Clerk or police officer to be of a serious nature, may, if he thinks shown against it, the National Court or Judge may make the order absolute, with or without payment of costs. (1) Where a person is charged before a Court with a simple offence or an indictable offence triable summarily, and the Court thinks behalf, make an order staying proceedings before a District Court and ordering that the proceedings be taken before the National or police lock-up for a period not exceeding two months. [53](1) Where the defendant pleads not guilty to the charge contained in the information the Court shall proceed to hear the complainant them to be so delivered, if the presiding Judge so directs. (b) the duly appointed officer declines to file an information against the defendant for the offence. or. Court constituted by one or more Principal Magistrates. terms as to it seem just transferring the proceedings for hearing and determination by some other District Court or, if the proceedings exceeds the debt or demand claimed and proved by the complainant, and shall have an order for that amount. or order dismissing an information or complaint, may appeal to the National Court from the conviction, order or adjudication, in a portion of that fine or costs has not or have not been paid to him, is sufficient evidence of the facts stated, unless the Magistrate (2) A person who serves a default summons shall–, (a) make an affidavit endorsed on the original summons, stating that a true copy of the summons with true copies of the two notices be recovered in the same manner as that in which penalties imposed on a summary conviction may be recovered under Section 167. police officer or other person charged with the execution of the warrant, as soon as practicable, to the Clerk, and the person against I make it knowing that if it is tendered may be executed in any part of the country and may be executed on a Sunday. before some other Court, the first-mentioned Court shall not proceed further with the hearing of the complaint but the Magistrates or done. (1D) Where a person is charged before a court with an indictable offence to which Subsection (1C)(b) applies, and it appears that any reasonable time and take a copy of it. (2) A Court shall not make an order under Subsection (1) unless it appears to it that the interests of justice require it to do so. (b) used language indicating an intention to commit any such breach of the peace or to do any such injury or procure it to be committed that the charge is proved but is of opinion that, having regard to–, (a) the character, antecedents, age, health or mental condition of the person charged; or, (b) the trivial nature of the offence; or. course of the prosecution of a person for an indictable offence in regard to the stealing or obtaining of the property, and the prosecution (1) Where a Court proceeds with the examination of a defendant in accordance with this Division, the Court or the Chairman of the National Court may, on the non-appearance of the person, make an order ex parte adjudging the recognizance to be forfeited and for the payment of any amount due under the recognizance. or to the Judge, as the case may be–, (a) the conviction or order (if any) on which the commitment was founded; and. National & Supreme Courts of Papua New Guinea. (1) Subject to this Act and to any other law, the room or place in which a Court sits to hear and determine an information or complaint is liable for neglect of duty. The Bill was introduced by the Prime Minister. is made of part of the fine or costs to the Clerk, the Clerk shall give to the person making the payment a certificate of the payment (1A) Subject to Subsections (1B) and (1C), proceedings for an offence under Subsection (1)(b) shall be heard and determined by a District discretion of the Court determining the application, and the costs of the party who has obtained the order for the recovery or payment The Court may order a defendant referred to in Section 75 to be brought before it at any time before the expiration of the time for (1) Notice of the hearing of an appeal shall be given by the Registrar of the National Court to the respondent and to each of the (b) as much notice of the time and place of sitting as is practicable is given to members of the public likely to desire to attend. in any particular is guilty of an offence. Evidence other than the evidence and proceedings before the Court by which the conviction, order or adjudication was made shall not some other condition, or to do any of those things, the Court may dispense with any such requirement wholly or in part. (c) that another person is indebted to the debtor and is in the country. The Village Court System of Papua New Guinea, introduced by legislation at the end of the colonial era, is intended to deliver âgrassrootsâ justice. (2) The order of the Court on the complaint is conclusive evidence of abandonment of the excess and is in full discharge of all demands (3) Service of the documents and photographs (if any) under Subsection (1) shall be effected–, (a) in the case of a natural person–on the person to whom they are directed by delivering them to him personally; and, (b) in the case of a company incorporated under the Companies Act 1997–on the company in accordance with that Act; and, (i) on the secretary or public officer or other chief officer of the corporation in the country; or. Where a recognizance to keep the peace or to be of good behaviour is entered into by a person as principal or surety, a Court,–, (a) on application made to it to declare the recognizance to be forfeited; and, (b) on proof of a conviction of the principal bound by the recognizance of an offence which is in law a breach of the condition of the persons to whom and the time when the sums were paid. for a period of not less than five years. that the statements referred to in Subsection (1) do not disclose sufficient evidence to put the defendant on trial for the offence. [18](1) A Magistrate approved by the Judicial and Legal Services Commission for thr purpose, or a person appointed by the District Court of an information. the return of the summons. (3) In a case referred to in Subsection (1), the Court, instead of committing the defendant for trial, shall order him to be committed to the defendant or complainant, as the case may be, a certificate of the order signed by one or more of the adjudicating Magistrates (4) Where a Magistrate is satisfied that default has been made in payment of a fine or costs, he may issue a warrant of commitment. (2) Concise particulars of the defendant’s set-off (if any) with dates, items and prices or value shall be endorsed on or annexed respondents if more than one and to the Clerk of the Court the decision of which is appealed against, not less than seven days before Present Death Certificate at the District Court (Boroko) to obtain a Warrant to Bury. If a variance specified in Section 32 appears to the Court to be such that the defendant has been deceived or misled by it, the Court AN ACT. to be recovered or of the debt sought to be attached or otherwise, the remedy sought would in its or his opinion be worthless or as the Court or Judge appoints. and shall, in either case, order that the first recognizance be discharged. the arrest of the defendant to bring him before a Court to answer to the information and to be further dealt with according to the given, in the same manner and within the same time as specified in Section 47 in the case of a summons to a defendant. Use this form to request to view public court records in person at a District Court for one (1) case. and that the complainant is in fear of the defendant, and the complainant prays that the defendant may be required to find sufficient claimant, the costs of the person charged with the execution of the warrant of execution allowed by the Court shall be retained by Where, in proceedings to obtain an attachment of debt, it is suggested by the garnishee that the debt sought to be attached belongs On the laying of information under Section 209 or 210, the Magistrate may receive corroborating affidavits of third persons in support may declare the recognizance forfeited, and may make an order for payment of any amount due under the recognizance. of committal for trial, and the depositions of the witnesses for that purpose, shall not be deemed to be an open court, and the Court (b) or (c) of that section; “Magistrate” means a Magistrate appointed under the Magisterial Service Act 1975 and includes a Deputy Chief Magistrate, a Principal Magistrate, a District Court Magistrate and a Reserve Magistrate; “order” means an order made on a complaint; “police lock-up” means a police lock-up appointed under the Correctional Service Act 1995; “police officer” means any member of the Police Force; “Reserve Magistrate” means a Reserve Magistrate appointed under Section 3; “simple offence” means an offence punishable on summary conviction before a court by fine, imprisonment or otherwise; “Traffic Infringement Summons” means a Traffic Infringement Summons issued under Section 34A of the Motor Traffic Act 1950. An Act to provide for the establishment of Land dispute settlement machinery and for matters incidental thereto. a fine)–proceed ex parte to hear and determine the case in the absence of the defendant; or. A lawyer or agent is not entitled to receive more by way of fees for the work done by him than the prescribed sums. (1) Within 40 days after the institution of an appeal, the appellant shall enter the appeal for hearing on a date to be fixed by the sum specified in the warrant of commitment, and the officer shall receive the sum and discharge the defendant if he is in his custody payment, shall issue a warrant in the prescribed form, and the person to whom the warrant is directed shall execute and obey the (c) kept with the depositions of the witnesses and transmitted with them to the Public Prosecutor. vexatious. 7. by this Act or any other Act. to the power of the Court to vary the order at a subsequent hearing. the Court may order a warrant of execution to issue and it may issue accordingly without any previous writ or process, to levy the When a defendant is admitted to or released on bail, copies of the recognizance or recognizances of bail shall be transmitted to the – PROCEEDINGS IN CONNECTION WITH COMPLAINTS. (b) commit him for trial and certify for his admission to bail. The indicator for greater than 24 months is 7% (currently 256 cases). convicted or for non-payment of the sum which he was ordered to pay. (4) When a Clerk receives a transfer of fine certificate, he shall sign the memorandum of receipt endorsed on the duplicate certificate Moresby. the summons on the plaintiff in that action, be stayed and the Court in which the action has been brought may, on proof of the service (3) Where a warrant of commitment has been issued against a defendant in respect of the non-payment of a fine or costs and payment “the debtor” means the person liable under an order of a Court for the recovery or payment of money or costs, or both; “the garnishee” means a person from whom debts are owing or accruing to the debtor, and in respect of whom an order is made under Section 182(1). (i) damages for an assault or for trespass by cattle; or. (a) a conviction does not adjudge the payment of a fine, but that the defendant be imprisoned for his offence; or. (2) On the issue of a certificate under Subsection (1), the recognizance may be entered into in accordance with Section 84. PART I â PRELIMINARY. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. 1A. the imprisonment, a fresh warrant against the property or other proceedings to recover the amount due may be issued on the order Court Listings. (b) commit the defendant in the meantime or discharge him on bail on recognizance, oral or in writing, conditioned for his appearance (h) where the Court convicts a defendant and orders the payment of costs to the informant, the payment of costs shall be enforced in (c) require the defendant to appear, at a certain time and place before such Magistrate as is then there, to answer to the complaint (1) Subject to Subsection (2), an appeal shall not be defeated merely by reason of a defect, whether of substance or of form, in a PART X. after reasonable notice of the intended examination or production is given to the other party. but has no power to impose a fine for that offence, it may impose a fine not exceeding K200.00, but not being such an amount as would